II 

112TH CONGRESS 

1ST SESSION S. 919 

To authorize grant programs to ensure successful, safe, and healthy students. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2011 

Mr. HARKIN (for himself and Mrs. GILLIBRAND) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To authorize grant programs to ensure successful, safe, and 

healthy students. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Successful, Safe, and 

5 Healthy Students Act of 2011’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to assist States in devel8 oping and implementing comprehensive programs and 

9 strategies to foster positive conditions for learning in pub10 lic schools, in order to increase academic achievement for 


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1 all students through the provision of Federal assistance 

2 to States for— 

3 (1) promotion of student physical health and 

4 well-being, nutrition, and fitness; 

5 (2) promotion of student mental health and 

6 well-being; 

7 (3) prevention of violence, harassment (which 

8 includes bullying), and substance abuse among stu9 dents; and 

10 (4) promotion of safe and supportive schools. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) CHILD AND ADOLESCENT PSYCHIATRIST; 

14 OTHER QUALIFIED PSYCHOLOGIST; SCHOOL COUN15 SELOR; SCHOOL PSYCHOLOGIST; SCHOOL SOCIAL

16 WORKER.—The terms ‘‘child and adolescent psychia17 trist’’, ‘‘other qualified psychologist’’, ‘‘school coun18 selor’’, ‘‘school psychologist’’, and ‘‘school social 

19 worker’’ shall have the meanings given the terms in 

20 section 5421(e) of the Elementary and Secondary 

21 Education Act of 1965 (20 U.S.C. 7245(e)). 

22 (2) CONDITIONS FOR LEARNING.—The term 

23 ‘‘conditions for learning’’ means conditions that ad24 vance student achievement and positive child and 

25 youth development by proactively supporting schools 


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1 (inclusive of in and around the school building, path2 ways to and from the school and students’ homes, 

3 school-sponsored activities, and electronic and social 

4 media involving students or school personnel) that— 

5 (A) promote physical, mental, and emo6 tional health; 

7 (B) ensure physical and emotional safety 

8 for students and staff; 

9 (C) promote social, emotional, and char10 acter development; and 

11 (D) have the following attributes: 

12 (i) Provide opportunities for physical 

13 activity, good nutrition, and healthy living. 

14 (ii) Are free of harassment (which in15 cludes bullying), abuse, dating violence, 

16 and all other forms of interpersonal ag17 gression or violence. 

18 (iii) Prevent use and abuse of drugs 

19 (including tobacco, alcohol, illegal drugs, 

20 and unauthorized use of pharmaceuticals). 

21 (iv) Are free of weapons. 

22 (v) Do not condone or tolerate 

23 unhealthy or harmful behaviors, including 

24 discrimination of any kind. 


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1 (vi) Help staff and students to model 

2 positive social and emotional skills, includ3 ing tolerance and respect for others. 

4 (vii) Promote concern for the well5 being of students, including through the 

6 presence of caring adults. 

7 (viii) Employ adults who have— 

8 (I) high expectations for student 

9 conduct, character, and academic 

10 achievement; and 

11 (II) the capacity to establish sup12 portive relationships with students. 

13 (ix) Engage families and community 

14 members in meaningful and sustained 

15 ways to promote positive student academic 

16 achievement, developmental, and social 

17 outcomes. 

18 (3) CONDITIONS FOR LEARNING MEASUREMENT

19 SYSTEM.— 

20 (A) IN GENERAL.—The term ‘‘conditions 

21 for learning measurement system’’ means a 

22 State reporting and information system that 

23 measures conditions for learning in the State 

24 and is, to the extent possible, part of the 

25 State’s statewide longitudinal data system and 


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1 with the State’s system for reporting the data 

2 required under section 1111 of the Elementary 

3 and Secondary Education Act of 1965 (20 

4 U.S.C. 6311). 

5 (B) DESCRIPTION OF SYSTEM.—Such sys6 tem shall— 

7 (i) contain, at a minimum, data from 

8 valid and reliable surveys of students and 

9 staff and the indicators in clause (ii) that 

10 allow staff at the State, local educational 

11 agencies, and schools to examine and im12 prove school-level conditions for learning; 

13 (ii) collect school-level data on— 

14 (I) physical education indicators; 

15 (II) individual student attend16 ance and truancy; 

17 (III) in-school suspensions, out18 of-school suspensions, expulsions, re19 ferrals to law enforcement, school20 based arrests, and disciplinary trans21 fers (including placements in alter22 native schools) by student; 

23 (IV) the frequency, seriousness, 

24 and incidence of violence and drug-re25 lated offenses resulting in disciplinary 


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1 action in elementary schools and sec2 ondary schools in the State; and 

3 (V) the incidence and prevalence, 

4 age of onset, perception of health risk, 

5 and perception of social disapproval of 

6 drug use and violence, including har7 assment (which includes bullying), by 

8 youth and school personnel in schools 

9 and communities; 

10 (iii) collect and report data, including, 

11 at a minimum, the data described in sub12 clauses (II), (III), and (V) of clause (ii), in 

13 the aggregate and disaggregated by the 

14 categories of race, ethnicity, gender, dis15 ability status, migrant status, English pro16 ficiency, and status as economically dis17 advantaged, and cross tabulated across all 

18 of such categories by gender and by dis19 ability; 

20 (iv) protect student privacy, consistent 

21 with applicable data privacy laws and regu22 lations, including section 444 of the Gen23 eral Education Provisions Act (20 U.S.C. 

24 1232g, commonly known as the ‘‘Family 


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1 Educational Rights and Privacy Act of 

2 1974’’); and 

3 (v) to the extent possible, utilize a 

4 web-based reporting system. 

5 (C) COMPILING STATISTICS.—In compiling 

6 the statistics required to measure conditions for 

7 learning in the State— 

8 (i) the offenses described in subpara9 graph (B)(ii)(IV) shall be defined pursuant 

10 to the State’s criminal code, and aligned to 

11 the extent possible, with the Federal Bu12 reau of Investigation’s Uniform Crime Re13 ports categories, but shall not identify vic14 tims of crimes or persons accused of 

15 crimes and the collected data shall include 

16 incident reports by school officials, anony17 mous student surveys, and anonymous 

18 teacher surveys; 

19 (ii) the performance metrics that are 

20 established under section 5(i) shall be col21 lected and the performance on such 

22 metrics shall be defined and reported uni23 formly statewide; 

24 (iii) the State shall collect, analyze, 

25 and use the data under subparagraph 


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1 (B)(ii), as required under section 5(g)(5), 

2 at least annually, except the indicators 

3 under subparagraph (B)(ii)(V) may be col4 lected, at a minimum, every 2 years; and 

5 (iv) grant recipients and subgrant re6 cipients shall use the data for planning 

7 and continuous improvement of activities 

8 implemented under this Act, and may col9 lect data for indicators that are locally de10 fined, and that are not reported to the 

11 State, to meet local needs (so long as such 

12 indicators are aligned with the conditions 

13 for learning). 

14 (4) DRUG AND VIOLENCE PREVENTION.—The 

15 term ‘‘drug and violence prevention’’ means— 

16 (A) with respect to drugs, prevention, early 

17 intervention, rehabilitation referral, or edu18 cation related to the abuse and illegal use of 

19 drugs (including tobacco, alcohol, illegal drugs, 

20 and unauthorized use of pharmaceuticals) to— 

21 (i) raise awareness about the costs 

22 and consequences of substance use and 

23 abuse; 


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1 (ii) change attitudes, perceptions, and 

2 social norms about the dangers and accept3 ability of alcohol, tobacco, and drugs; and 

4 (iii) reduce access to and use of alco5 hol, tobacco, and drugs; and 

6 (B) with respect to violence, the promotion 

7 of school safety on school premises, going to 

8 and from school, and at school-sponsored activi9 ties, through the creation and maintenance of a 

10 school environment that— 

11 (i) is free of weapons; 

12 (ii) fosters individual responsibility 

13 and respect for the rights and dignity of 

14 others; 

15 (iii) employs positive, preventative ap16 proaches to school discipline, such as 

17 schoolwide positive behavior supports and 

18 restorative justice, that improve student 

19 engagement while minimizing students’ re20 moval from instruction and reducing dis21 parities among the subgroups of students 

22 described in section 1111(b)(2)(C)(v) of 

23 the Elementary and Secondary Education 

24 Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)); 

25 and 


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1 (iv) demonstrates preparedness and 

2 readiness to respond to, and recover from, 

3 incidents of school violence, such that stu4 dents and school personnel are free from— 

5 (I) violent and disruptive acts; 

6 (II) harassment (which includes 

7 bullying); 

8 (III) sexual harassment, dating 

9 violence, and abuse; and 

10 (IV) victimization associated with 

11 prejudice and intolerance. 

12 (5) ELIGIBLE LOCAL APPLICANT.—The term 

13 ‘‘eligible local applicant’’ means a local educational 

14 agency, a consortium of local educational agencies, 

15 or a nonprofit organization that has a track record 

16 of success in implementing the proposed activities 

17 and has signed a memorandum of understanding 

18 with a local educational agency or consortium of 

19 local educational agencies to— 

20 (A) implement school-based activities; and 

21 (B) conduct school-level measurement of 

22 conditions for learning that are consistent with 

23 this Act. 

24 (6) HARASSMENT.—The term ‘‘harassment’’ 

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1 ciently severe, persistent, or pervasive to limit a stu2 dent’s ability to participate in or benefit from a pro3 gram or activity of a public school or educational 

4 agency, or to create a hostile or abusive educational 

5 environment at a program or activity of a public 

6 school or educational agency, including acts of 

7 verbal, nonverbal, or physical aggression, intimida8 tion, or hostility, if such conduct is based on— 

9 (A) a student’s actual or perceived race, 

10 color, national origin, sex, disability, sexual ori11 entation, gender identity, or religion; 

12 (B) the actual or perceived race, color, na13 tional origin, sex, disability, sexual orientation, 

14 gender identity, or religion of a person with 

15 whom a student associates or has associated; or 

16 (C) any other distinguishing characteristics 

17 that may be defined by a State or local edu18 cational agency. 

19 (7) LOCAL EDUCATIONAL AGENCY.—The term 

20 ‘‘local educational agency’’ has the meaning given 

21 the term in section 9101 of the Elementary and Sec22 ondary Education Act of 1965 (20 U.S.C. 7801). 

23 (8) PHYSICAL EDUCATION INDICATORS.—The 

24 term ‘‘physical education indicators’’ means a set of 

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1 related fitness, physical competence, and cognitive 

2 understanding about physical activity. Such indica3 tors shall be publicly reported annually in the 

4 State’s conditions for learning measurement system, 

5 and shall include— 

6 (A) for the State, for each local edu7 cational agency in the State, and for each 

8 school in the State, the average number of min9 utes that all students spend in required physical 

10 education, and the average number of minutes 

11 that all students engage in moderate to vig12 orous physical activity, as measured against es13 tablished recommended guidelines of the Cen14 ters for Disease Control and Prevention and the 

15 Department of Health and Human Services; 

16 (B) for the State, the percentage of local 

17 educational agencies that have a required, age18 appropriate physical education curriculum that 

19 adheres to Centers for Disease Control and 

20 Prevention guidelines and State standards; 

21 (C) for the State, for each local edu22 cational agency in the State, and for each 

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1 cation teachers who are State licensed or cer2 tified to teach physical education; 

3 (D) for the State, and for each local edu4 cational agency in the State, the percentage of 

5 schools that have a State certified or licensed 

6 physical education teacher certified in adapted 

7 physical education; and 

8 (E) for each school in the State, the num9 ber of indoor square feet and the number of 

10 outdoor square feet used primarily for physical 

11 education. 

12 (9) PROGRAMS TO PROMOTE MENTAL

13 HEALTH.—The term ‘‘programs to promote mental 

14 health’’ means programs that— 

15 (A) develop students’ social and emotional 

16 competencies; and 

17 (B) link students with local mental health 

18 systems as follows: 

19 (i) Enhance, improve, or develop col20 laborative efforts between school-based 

21 service systems and mental health service 

22 systems to provide, enhance, or improve 

23 prevention, diagnosis, and treatment serv24 ices to students, and to improve student 

25 social emotional competencies. 


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1 (ii) Enhance the availability of crisis 

2 intervention services, appropriate referrals 

3 for students potentially in need of mental 

4 health services, including suicide preven5 tion, and ongoing mental health services. 

6 (iii) Provide training for the school 

7 personnel and mental health professionals 

8 who will participate in the program. 

9 (iv) Provide technical assistance and 

10 consultation to school systems, mental 

11 health agencies, and families participating 

12 in the program. 

13 (v) Provide services that establish or 

14 expand school counseling and mental 

15 health programs that— 

16 (I) are comprehensive in address17 ing the counseling, social, emotional, 

18 behavioral, mental health, and edu19 cational needs of all students; 

20 (II) use a developmental, preven21 tive approach to counseling and men22 tal health services; 

23 (III) are linguistically appro24 priate and culturally responsive; 


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1 (IV) increase the range, avail2 ability, quantity, and quality of coun3 seling and mental health services in 

4 the elementary schools and secondary 

5 schools of the local educational agen6 cy; 

7 (V) expand counseling and men8 tal health services through school 

9 counselors, school social workers, 

10 school psychologists, other qualified 

11 psychologists, or child and adolescent 

12 psychiatrists; 

13 (VI) use innovative approaches 

14 to— 

15 (aa) increase children’s un16 derstanding of peer and family 

17 relationships, work and self, deci18 sionmaking, or academic and ca19 reer planning; or 

20 (bb) improve peer inter21 action; 

22 (VII) provide counseling and 

23 mental health services in settings that 

24 meet the range of student needs; 


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1 (VIII) include professional devel2 opment appropriate to the activities 

3 covered in this paragraph for teach4 ers, school leaders, instructional staff, 

5 and appropriate school personnel, in6 cluding training in appropriate identi7 fication and early intervention tech8 niques by school counselors, school so9 cial workers, school psychologists, 

10 other qualified psychologists, or child 

11 and adolescent psychiatrists; 

12 (IX) ensure a team approach to 

13 school counseling and mental health 

14 services in the schools served by the 

15 local educational agency; 

16 (X) ensure work toward ratios 

17 recommended— 

18 (aa) by the American School 

19 Counselor Association of 1 school 

20 counselor to 250 students; 

21 (bb) by the School Social 

22 Work Association of America of 

23 1 school social worker to 400 stu24 dents; and 


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1 (cc) by the National Asso2 ciation of School Psychologists of 

3 1 school psychologist to 700 stu4 dents; and 

5 (XI) ensure that school coun6 selors, school psychologists, other 

7 qualified psychologists, school social 

8 workers, or child and adolescent psy9 chiatrists paid from funds made avail10 able under this program spend a ma11 jority of their time counseling or pro12 viding mental health services to stu13 dents or in other activities directly re14 lated to such processes. 

15 (10) PROGRAMS TO PROMOTE PHYSICAL ACTIV16 ITY, EDUCATION, FITNESS, AND NUTRITION.—The 

17 term ‘‘programs to promote physical activity, edu18 cation, fitness, and nutrition’’ means programs that 

19 increase and enable active student participation in 

20 physical well-being activities and provide teacher 

21 professional development. Such programs shall be 

22 comprehensive in nature, and include opportunities 

23 for professional development for teachers of physical 

24 education to stay abreast of the latest research, 


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1 issues, and trends in the field of physical education, 

2 and 1 or more of the following activities: 

3 (A) Fitness education and assessment to 

4 help students understand, improve, or maintain 

5 their physical well-being. 

6 (B) Instruction in a variety of motor skills 

7 and physical activities designed to enhance the 

8 physical, mental, social, and emotional develop9 ment of every student. 

10 (C) Development of, and instruction in, 

11 cognitive concepts about motor skill and phys12 ical fitness that support a lifelong healthy life13 style. 

14 (D) Opportunities to develop positive social 

15 and cooperative skills through physical activity. 

16 (E) Instruction in healthy eating habits 

17 and good nutrition. 

18 (11) SECRETARY.—The term ‘‘Secretary’’ 

19 means the Secretary of Education. 

20 (12) STATE.—The term ‘‘State’’ has the mean21 ing given the term in section 9101 of the Elemen22 tary and Secondary Education Act of 1965 (20 

23 U.S.C. 7801). 


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1 SEC. 4. RESERVATIONS. 

2 From amounts made available under section 9, the 

3 Secretary shall reserve— 

4 (1) for the first 3 years for which funding is 

5 made available under such section to carry out this 

6 Act— 

7 (A) not more than 30 percent of such 

8 amounts or $30,000,000, whichever amount is 

9 more, for State conditions for learning measure10 ment system grants, distributed to every State 

11 (by an application process consistent with sec12 tion 5(d)(1)) in an amount proportional to each 

13 State’s share of funding under part A of title 

14 I of the Elementary and Secondary Education 

15 Act of 1965 (20 U.S.C. 6311 et seq.), to de16 velop the State’s conditions for learning meas17 urement system, and to conduct a needs anal18 ysis to meet the requirements of section 

19 5(d)(2)(D); and 

20 (B) not more than 68 percent of such 

21 amounts for Successful, Safe, and Healthy Stu22 dents State Grants under section 5; 

23 (2) for the fourth year and each subsequent 

24 year for which funding is made available under sec25 tion 9 to carry out this Act, not less than 98 percent 


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1 of such amounts for Successful, Safe, and Healthy 

2 Students State Grants under section 5; and 

3 (3) in each year for which funding is made 

4 available under section 9 to carry out this Act, not 

5 more than 2 percent of such amounts for technical 

6 assistance and evaluation. 

7 SEC. 5. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS 

8 STATE GRANTS. 

9 (a) PURPOSE.—The purpose of this section is to pro10 vide funding to States to implement comprehensive pro11 grams that address conditions for learning in schools in 

12 the State. Such programs shall be based on— 

13 (1) scientifically valid research; and 

14 (2) an analysis of need that considers, at a min15 imum, the indicators in the conditions for learning 

16 measurement system. 

17 (b) STATE GRANTS.— 

18 (1) IN GENERAL.—From amounts reserved 

19 under section 4 for Successful, Safe, and Healthy 

20 Students State Grants, the Secretary shall award 

21 grants to States to carry out the purpose of this sec22 tion. 

23 (2) AWARDS TO STATES.— 

24 (A) FORMULA GRANTS.—If the total 

25 amount reserved under section 4 for Successful, 


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1 Safe, and Healthy Students State Grants for a 

2 fiscal year is $500,000,000 or more, the Sec3 retary shall allot to each State with an ap4 proved application an amount that bears the 

5 same relationship to such total amount as the 

6 amount received under part A of title I of the 

7 Elementary and Secondary Education Act of 

8 1965 (20 U.S.C. 6311 et seq.) by such State 

9 for such fiscal year bears to the amount re10 ceived under such part for such fiscal year by 

11 all States. 

12 (B) COMPETITIVE GRANTS.— 

13 (i) IN GENERAL.—If the total amount 

14 reserved under section 4 for Successful, 

15 Safe, and Healthy Students State Grants 

16 for a fiscal year is less than $500,000,000, 

17 the Secretary shall award grants under 

18 this section on a competitive basis. 

19 (ii) SUFFICIENT SIZE AND SCOPE.—In 

20 awarding grants on a competitive basis 

21 pursuant to clause (i), the Secretary shall 

22 ensure that grant awards are of sufficient 

23 size and scope to carry out required and 

24 approved activities under this section. 


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1 (c) ELIGIBILITY.—To be eligible to receive a grant 

2 under this section, a State shall demonstrate that it has— 

3 (1) established a statewide physical education 

4 requirement that is consistent with widely recognized 

5 standards; and 

6 (2) required all local educational agencies in the 

7 State to— 

8 (A) establish policies that prevent and pro9 hibit harassment (which includes bullying) in 

10 schools; and 

11 (B) provide— 

12 (i) annual notice to parents and stu13 dents describing the full range of prohib14 ited conduct contained in such local edu15 cational agency’s discipline policies; and 

16 (ii) grievance procedures for students 

17 or parents to register complaints regarding 

18 the prohibited conduct contained in such 

19 local educational agency’s discipline poli20 cies, including— 

21 (I) the name of the local edu22 cational agency officials who are des23 ignated as responsible for receiving 

24 such complaints; and 


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1 (II) timelines that the local edu2 cational agency will follow in the reso3 lution of such complaints. 

4 (d) APPLICATIONS.— 

5 (1) IN GENERAL.—A State that desires to re6 ceive a grant under this section shall submit an ap7 plication at such time, in such manner, and con8 taining such information as the Secretary may re9 quire. 

10 (2) CONTENT OF APPLICATION.—At a min11 imum, the application shall include— 

12 (A) documentation of the State’s eligibility 

13 to receive a grant under this section, as de14 scribed in subsection (c); 

15 (B) an assurance that the policies used to 

16 prohibit harassment (which includes bullying) in 

17 schools required under subsection (c)(2)(A) em18 phasize alternatives to school suspension that 

19 minimize students’ removal from grade-level in20 struction, promote mental health, and only 

21 allow out-of-school punishments in severe or 

22 persistent cases; 

23 (C) a plan for improving conditions for 

24 learning in schools in the State in a manner 

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1 gram that may be a part of a broader statewide 

2 child and youth plan, if such a plan exists and 

3 is consistent with the requirements of this Act; 

4 (D) a needs analysis of the conditions for 

5 learning in schools in the State, which— 

6 (i) shall include a description of, and 

7 data measuring, the State’s conditions for 

8 learning; and 

9 (ii) may be a part of a broader state10 wide child and youth needs analysis, if 

11 such an analysis exists and is consistent 

12 with the requirements of this Act; 

13 (E) a description of how the activities the 

14 State proposes to implement with grant funds 

15 are responsive to the results of the needs anal16 ysis described in subparagraph (C); and 

17 (F) a description of how the State will— 

18 (i) develop, adopt, adapt, or imple19 ment the State’s conditions for learning 

20 measurement system, and how the State 

21 will ensure that all local educational agen22 cies and schools in the State participate in 

23 such system; 

24 (ii) ensure the quality of the State’s 

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1 cluding the State’s plan for survey admin2 istration and for ensuring the reliability 

3 and validity of survey instruments; 

4 (iii) coordinate the proposed activities 

5 with other Federal and State programs, in6 cluding programs funded under this Act, 

7 which may include programs to expand 

8 learning time and for before- and after9 school programming in order to provide 

10 sufficient time to carry out the activities 

11 described in this Act; 

12 (iv) assist local educational agencies 

13 to align activities with funds the agencies 

14 receive under the program with other fund15 ing sources in order to support a coherent 

16 and non-duplicative program; 

17 (v) solicit and approve subgrant appli18 cations, including how the State will— 

19 (I) allocate funds for statewide 

20 activities and subgrants for each year 

21 of the grant, consistent with allocation 

22 requirements under subsection (h)(2); 

23 and 

24 (II) consider the results of the 

25 analysis described in subparagraph 


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1 (C) in the State’s distribution of sub2 grants; 

3 (vi) address the needs of diverse geo4 graphic areas in the State, including rural 

5 and urban communities; 

6 (vii) provide assistance to local edu7 cational agencies and schools in their ef8 forts to prevent and appropriately respond 

9 to incidents of harassment (which includes 

10 bullying), including building the capacity of 

11 such agencies and schools to educate fam12 ily and community members regarding the 

13 agencies’ and schools’ respective roles in 

14 preventing and responding to such inci15 dents; and 

16 (viii) provide assistance to local edu17 cational agencies and schools in their ef18 forts to implement positive, preventative 

19 approaches to school discipline, such as 

20 schoolwide positive behavior supports and 

21 restorative justice, that improve student 

22 engagement while minimizing students’ re23 moval from instruction and reducing sig24 nificant school discipline rates and discipli25 nary disparities among the subgroups of 


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1 students described in section 

2 1111(b)(2)(C)(v) of the Elementary and 

3 Secondary Education Act of 1965 (20 

4 U.S.C. 6311(b)(2)(C)(v)). 

5 (3) PEER REVIEW.—The Secretary shall estab6 lish a peer review process to review applications sub7 mitted under this subsection. 

8 (e) DURATION.— 

9 (1) IN GENERAL.—A State that receives a 

10 grant under this section may receive funding for not 

11 more than 5 years in accordance with this sub12 section. 

13 (2) INITIAL PERIOD.—The Secretary shall 

14 award grants under this section for an initial period 

15 of not more than 3 years. 

16 (3) GRANT EXTENSION.—The Secretary may 

17 extend a competitive grant awarded to a State under 

18 this section for not more than an additional 2 years 

19 if the State shows sufficient improvement, as deter20 mined by the Secretary, against baseline data for the 

21 performance metrics established under subsection 

22 (i). 

23 (f) RESERVATION AND USE OF FUNDS.—A State 

24 that receives a grant under this section shall— 


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1 (1) reserve not more than 10 percent of the 

2 grant funds for administration of the program, tech3 nical assistance, and the development, improvement, 

4 and implementation of the State’s conditions for 

5 learning measurement system, as described in para6 graphs (1) through (5) of subsection (g); and 

7 (2) use the remainder of grant funds after mak8 ing the reservation under paragraph (1) to award 

9 subgrants, on a competitive basis, to eligible local 

10 applicants. 

11 (g) REQUIRED STATE ACTIVITIES.—A State that re12 ceives a grant under this section shall— 

13 (1) not later than 1 year after receipt of the 

14 grant, develop, adapt, improve, or adopt and imple15 ment a statewide conditions for learning measure16 ment system (unless the State can demonstrate, to 

17 the satisfaction of the Secretary, that an appropriate 

18 system has already been implemented) that annually 

19 measures the State’s progress in the conditions for 

20 learning for every public school in the State; 

21 (2) collect information in each year of the grant 

22 on the conditions for learning at the school-building 

23 level through comprehensive needs assessments of 

24 students, school staff, and family perceptions, expe25 riences, and behaviors; 


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1 (3) collect annual incident data at the school2 building level that are accurate and complete; 

3 (4) publicly report, at the school level and dis4 trict level, the data collected in the conditions for 

5 learning measurement system each year in a timely 

6 and highly accessible manner; 

7 (5) use, on a continuous basis, the results of 

8 the conditions for learning measurement system to— 

9 (A) identify and address conditions for 

10 learning statewide; 

11 (B) help subgrantees identify and address 

12 school and student needs; and 

13 (C) provide individualized assistance to the 

14 lowest-performing schools (consistent with sec15 tion 1116 of the Elementary and Secondary 

16 Education Act of 1965 (20 U.S.C. 6316)) and 

17 schools with significant conditions for learning 

18 weaknesses as identified through the conditions 

19 for learning measurement system with imple20 mentation of activities under this Act; and 

21 (6) award subgrants, consistent with subsection 

22 (h), to eligible local applicants. 

23 (h) SUBGRANTS.— 

24 (1) IN GENERAL.— 


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1 (A) AWARDING OF SUBGRANTS.—A State 

2 that receives a grant under this section shall 

3 award subgrants, on a competitive basis, to eli4 gible local applicants (which may apply in part5 nership with 1 or more community-based orga6 nizations)— 

7 (i) based on need as identified by data 

8 from State and local conditions for learn9 ing measurement systems; 

10 (ii) that are of sufficient size and 

11 scope to enable subgrantees to carry out 

12 approved activities; and 

13 (iii) to implement programs that— 

14 (I) are comprehensive in nature; 

15 (II) are based on scientifically 

16 valid research; 

17 (III) are consistent with achiev18 ing the conditions for learning; 

19 (IV) are part of a strategy to 

20 achieve all the conditions for learning; 

21 and 

22 (V) address 1 or more of the cat23 egories described in paragraph (2)(A). 

24 (B) ASSISTANCE.—A State that receives a 

25 grant under this section shall provide assistance 


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1 to subgrant applicants and recipients in the se2 lection of scientifically valid programs and 

3 interventions. 

4 (2) ALLOCATION.— 

5 (A) IN GENERAL.—In awarding subgrants 

6 under this section, each State shall ensure that, 

7 for the aggregate of all subgrants awarded by 

8 the State— 

9 (i) not less than 20 percent of the 

10 subgrant funds are allocated to carry out 

11 drug and violence prevention; 

12 (ii) not less than 20 percent of the 

13 subgrant funds are allocated to carry out 

14 programs to promote mental health; and 

15 (iii) not less than 20 percent of the 

16 subgrant funds are allocated to carry out 

17 programs to promote physical activity, edu18 cation, fitness, and nutrition. 

19 (B) RULE OF CONSTRUCTION.—Nothing in 

20 this section shall be construed to require States, 

21 in making subgrants to eligible local applicants, 

22 to require subgrant recipients to use 20 percent 

23 of grant funds for drug and violence prevention, 

24 20 percent of grant funds for the promotion of 

25 mental health, and 20 percent of grant funds 


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1 for the promotion of physical activity, edu2 cation, fitness, and nutrition. 

3 (3) APPLICATIONS.—An eligible local applicant 

4 that desires to receive a subgrant under this sub5 section shall submit to the State an application at 

6 such time, in such manner, and containing such in7 formation as the State may require. 

8 (4) PRIORITY.—In awarding subgrants under 

9 this subsection, a State shall give priority to applica10 tions that— 

11 (A) demonstrate the greatest need accord12 ing to the results of the State’s conditions for 

13 learning survey; and 

14 (B) propose to serve schools with the high15 est concentrations of poverty, based on the per16 centage of students receiving or are eligible to 

17 receive a free or reduced price lunch under the 

18 Richard B. Russell National School Lunch Act 

19 (42 U.S.C. 1751 et seq.). 

20 (5) ACTIVITIES OF SUBGRANT RECIPIENTS.— 

21 Each recipient of a subgrant under this subsection 

22 shall, for the duration of the subgrant— 

23 (A) carry out activities— 


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1 (i) the need for which has been identi2 fied, at a minimum, through the conditions 

3 for learning measurement system; and 

4 (ii) that are part of a comprehensive 

5 strategy or framework to address such 

6 need, in 1 or more of the 3 categories iden7 tified in paragraph (2)(A); 

8 (B) ensure that each framework, interven9 tion, or program selected be based on scientif10 ically valid research and be used for the pur11 pose for which such framework, intervention, or 

12 program was found to be effective; 

13 (C) use school-level data from the state14 wide conditions for learning measurement sys15 tem to inform the implementation and contin16 uous improvement of activities carried out 

17 under this Act; 

18 (D) use data from the statewide conditions 

19 for learning measurement system to identify 

20 challenges outside of school or off school 

21 grounds, (including the need for safe passages 

22 for students to and from school), and collabo23 rate with 1 or more community-based organiza24 tion to address such challenges; 


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1 (E) collect and report to the State edu2 cational agency, data for schools served by the 

3 subgrant recipient, in a manner consistent with 

4 the State’s conditions for learning measurement 

5 system; 

6 (F) establish policies to expand access to 

7 quality physical activity opportunities, (includ8 ing school wellness policies) and establish active 

9 school wellness councils, consistent with the re10 quirements of the Child Nutrition Act of 1966 

11 (42 U.S.C. 1771 et seq.), which may be part of 

12 existing school councils, if such councils exist 

13 and have the capacity and willingness to ad14 dress school wellness; 

15 (G) engage family members and commu16 nity-based organizations in the development of 

17 conditions for learning surveys, and in the plan18 ning, implementation, and review of the 

19 subgrant recipient’s efforts under this Act; and 

20 (H) consider and accommodate the unique 

21 needs of students with disabilities and English 

22 language learners in implementing activities. 

23 (i) ACCOUNTABILITY.— 

24 (1) ESTABLISHMENT OF PERFORMANCE

25 METRICS.—The Secretary, acting through the DirecVerDate Mar 15 2010 18:32 May 11, 2011 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

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1 tor of the Institute of Education Sciences, shall es2 tablish program performance metrics to measure the 

3 effectiveness of the activities carried out under this 

4 Act. 

5 (2) ANNUAL REPORT.—Each State that re6 ceives a grant under this Act shall prepare and sub7 mit an annual report to the Secretary, which shall 

8 include information relevant to the conditions for 

9 learning, including on progress towards meeting out10 comes for the metrics established under paragraph 

11 (1). 

12 SEC. 6. FUNDS RESERVED FOR SECRETARY. 

13 From the amount reserved under section 4(3), the 

14 Secretary shall— 

15 (1) direct the Institute of Education Sciences to 

16 conduct an evaluation of the impact of the practices 

17 funded or disseminated by the Successful, Safe, and 

18 Healthy Students State Grants program; and 

19 (2) provide technical assistance to applicants, 

20 recipients, and subgrant recipients of the programs 

21 funded under this Act. 

22 SEC. 7. PROHIBITED USES OF FUNDS. 

23 No funds appropriated under this Act may be used 

24 to pay for— 


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1 (1) school resource officer or other security per2 sonnel salaries, metal detectors, security cameras, or 

3 other security-related salaries, equipment, or ex4 penses; 

5 (2) drug testing programs; or 

6 (3) the development, establishment, implemen7 tation, or enforcement of zero-tolerance discipline 

8 policies, other than those expressly required under 

9 the Gun-Free Schools Act (20 U.S.C. 7151 et seq.). 

10 SEC. 8. FEDERAL AND STATE NONDISCRIMINATION LAWS. 

11 Nothing in this Act shall be construed to invalidate 

12 or limit nondiscrimination principles or rights, remedies, 

13 procedures, or legal standards available to victims of dis14 crimination under any other Federal law or law of a State 

15 or political subdivision of a State, including title VI of the 

16 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title 

17 IX of the Education Amendments of 1972 (20 U.S.C. 

18 1681 et seq.), section 504 or 505 of the Rehabilitation 

19 Act of 1973 (29 U.S.C. 794 and 794a), or the Americans 

20 with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 

21 The obligations imposed by this Act are in addition to 

22 those imposed by title VI of the Civil Rights Act of 1964 

23 (42 U.S.C. 2000d et seq.), title IX of the Education 

24 Amendments of 1972 (20 U.S.C. 1681 et seq.), section 

25 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 


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1 and the Americans with Disabilities Act of 1990 (42 

2 U.S.C. 12101 et seq.). 

3 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated to carry out 

5 this Act $1,000,000,000 for fiscal year 2012 and such 

6 sums as may be necessary for each of the 5 succeeding 

7 fiscal years. 

Æ 


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